G K VAGHELA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Mr.Rasesh Oza appears and waives service of notice of rule on behalf of the respondents. In the facts and circumstances of the case the matter is taken up for final hearing.

(2.) This petition is filed against the dismissal of OA 604 of 1998 by the Central Administrative Tribunal ("CAT" for short) on 24/09/1998. Being aggrieved by an order imposing penalty, passed by the Disciplinary Authority, the petitioner approached CAT by filing the above petition. It was the case of the petitioner before CAT that the order was violative of principles of natural justice and fair play. It was also contended that in the facts and circumstances of the case, no such order could have been passed by the Authority and the order was, therefore, illegal and ultra vires and was liable to be quashed and set aside. On merits also, submissions were made on behalf of the petitioner. The CAT, after considering the rival contentions of the parties, observed that under Rule 23 of the Central Civil Services (Classfication, Control and Appeal) Rules, 1985 (hereinafter referred as "the Rules"), an appeal was competent against an order of penalty imposed on a delinquent. Since an appeal was provided, the provisions of Section 20 of the Administrative Tribunal Act, 1985 would come into play. Sub-section (1) of Section 20 reads as under:-

(3.) The CAT was of the opinion that no exceptional circumstances were brought to the notice of CAT to exercise power by entertaining O.A. Accordingly, the application was dismissed. In the operative part of the order in para 9, the CAT observed:-